Osvrt na novi režim odgovornosti internet posrednika za povredu autorskog prava u pravu Evropske unije
Svjetlana Ivanović · 2020
The paper deals with new liability regime of internet service providers for copyright infringements in the digital environment, provided by the Directive on copyright and related rights in the Digital Single Market. The Directive provides that online content-sharing service provider, which stores large amount of copyright protected works, and operates for profit-making purposes, becomes directly liable for the copyright infringement. The online contentsharing service provider performs an act of communication to the public or an act of making available to the public when it stores and gives the public access to works uploaded by its users. The primary liability of service providers for copyright infringement is established and they cannot rely on safe harbor regime for limitation of liability. The online content-sharing service provider has to obtain an authorisation from the rightholder, for instance by concluding a licensing agreement. If no authorisation is granted, service provider will have to ensure unavailability of specific works uploaded by users or to prevent their future uploads. The Directive introduces notice-and-stay-down regime. The service providers shall be liable for copyright infringement unless they demonstrate that they have made best efforts to obtain an authorisation, dissable access to infringing content and prevent the unathorised uploads by their users. Also, the Directive provides limitations and exceptions in favour of the users, which leave room to introduce a special form of user generated content exception.